Haji orders insurer, body builder probed over deadly Fort Ternan accident

DPP says the insurance company should be probed to establish why they insured the motor vehicle, KBX 092 J, despite the obvious “defaults” of the bus and also whether it is financially sound to meet its obligations.

Director of Public Prosecutions Noordin Haji has directed Inspector General of Police Joseph Boinett to carry out further investigations relating to the insurance company and body builder of the ill fated bus which rolled at Fort Ternan, Kericho killing 58 people and injuring several others on October 10. 15 others were seriously injured.

In a letter to Boinett dated November 8, which is copied to Director of Criminal Investigations Joseph Boinett, Haji says the insurance company should be probed to establish why they insured the motor vehicle, KBX 092 J, despite the obvious “defaults” of the bus and also whether it is financially sound to meet its obligations.

On the other hand, the body builder is to be probed to establish whether it built the vehicle as per the specifications.

Already, the manager of Western Crossroads Express Sacco, Bernard Isindu Shitiabanyi has been arraigned in court for allowing the vehicle to operate without a speed governor, operating a PSV long distance bus at night without the respective licence and failing to register the names of the driver and conductor contrary to the Traffic Act.

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Also in court is the owner, Cleophas Shimanyula who has been charged with permitting the bus to operate long distance at night without a licence and failing to register the names of the driver and conductor as required by law.

The two appeared before a Molo Court on October 22 and pleaded not guilty. They were released on a bond of Ksh 5 million with a surety of a similar amount or in the alternative, a cash bail of Ksh 1 million.

Following the accident, the DPP also ordered Boinett to conduct a thorough probe encompassing all government agencies charged with ensuring road safety, as well as vehicle owners. He said the investigation would determine “the persons who may have, through acts of commission or omission, contributed either directly or indirectly” to the deaths.

Here is the DPP’s latest letter to Boinett:

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